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HomeMy WebLinkAbout07-3784IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS CIVIL ACTION c/o Edwin A. Abrahamsen & Associates, P.C 120 North Keyser Avenue Scranton, PA 18504 vs. Plaintiff NO: O"J _ 3 ~~~/ LENH PHOUASALITH 716 GRANTHAM RD MECHANICSBURG PA 17055 Defendant NOTICE TO DEFEND You have been sued in court. If you wish. to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice to Defend are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintif~E: You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION OIti? AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT RED _ICED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 (800) 932-0356 UR (717) 243-9400 FAX: (717) 243-8026 IN THE COURT OF C~.?MMON PLEAS OF CUMBERLAND GOUN~TY, PENNSYLVANIA UNIFUND CCR PARTNERS c/o Edwin A. Abrahamsen & Associates, P.C. 120 North Keyser Avenue Scranton, PA 18504 Plaintiff vs. LENH PHOUASALITH 716 GRANTHAM RD MECHANICSBURG PA 17055 Defendant CIVIL ACTION NO: 07- 3~~Py ~~ T~- COMPLAINT Plaintiff, Unifund CCR Partners, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, UNIFUND CCR PARTNERS c/o Edwin A. Abrahamsen & Associates, P.C., (hereinafter "Plaintiff') is a Pennsylvania corporation with a principal place of business located at 120 North Keyser Avenue Scranton, PA 18504. 2. The Defendant LENH PHOUASALITH (hereinafter "Defendant") is an adult individual residing at 716 GRANTHAM RD MECHANICSBURG PA 17055. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by HOUSEHOLD METRIS with the account number 51495370352'17120. 5. The within account was opened by Defendant with account number 5149537035277120 and was sold by HOUSEHOLD METRIS to Unifund for valuable consideration and all rights under said accounts v~rere assigned to Unifund. (See, Bill of Sale, Affidavit and Assignment attached hereto as Exhibit "A.") 7. Use of the HOUSEHOLD METRIS credit card was subject to the terms of the Cardmember Agreement, a copy of which was suit to the Defendant along with the credit card. (See, Copy of Cardmember Agreement, attached hereto and marked Exhibit "B.") 8. Defendant used the HOUSEHOLD METRIS credit card account number 5149537035277120, for purchases, cash advances and/or balance transfers. 9. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 10. The Defendant defaulted under thy: terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 11. The account became delinquent or, February 8, 2006. 12. The principal amount was $12,734.12 at the time it was received by Plaintiff. 13. Pursuant to the account agreement., any unpaid balance accrues interest at the rate of 6. 14. The total amount due and owing the Plaintiff including interest, is $13,812.72. 15. Pursuant to the terms of the Agreement, Defendant is liable for Plaintiff s court costs and reasonable attorney's fees in the amount of 25% of the balance. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $13,812.72 plus costs of suit, reasonable attorneys' fees of $3,453.18 and any other relief as the Court deems just and appropriate. Respectfully submitted, Edwin A. Abrahamsen & As sates, P.C. Michael F. Ratchford, Es Scott J. Best, Esquire Attorney I.D. Nos.: 86285/93600 120 N. Keyser Avenue Scranton, PA 18504 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, Unifund CCR Partners, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. 1300 ACCOUNT HUMBER BALANCE AS OF pAYMEHT DUE DATE MINIMUM PAYMENT PAYMENT ENCLOSED 04/1002007 5149537035277120 13,647.35 PAST DUE 13,647.35 lldx Ctetlcs Pad4ble Ta tlnlLntl UNIFUNQ ST~tTEMENT LENH PHOUASALITH 545 LAMP POST LN CAMP HILL PA 17011 MESSAGE FROM UNIFUND YOUR ACCOUNT IS PAST DUE$13,647.35. THE PAST DUEAMOUNT IS INCLUDED IN THEMINIMUM PAYMENT. PLEASE REMIT IMMEDIATELY. IF YOU HALE ALREADY SENT A PAYMENT FOR THE ABOVE AMOUNT,THANK YOU. TRANSACTIONS: Date ~'~- Transaction ~ IR Balance Due Payments New Balanc 04M 001007 Platinum Capital Investments's 0.0600 13,647.35 13,647.35 0 13,647.35 Account Was Issued Under The Name Of Household Metris. PROMPT CREDITING OF PAYMENTS. TD RECEIVE CREDIT FOR PAYMENTS AS OF THE DATE OF RECEIPT, WEMUST RECEIVE YOUR CHECK OR MONEY ORDER AT: UNIFUND 14625 TECHWOODS CIRCLE CINCINNATI, OH 452A2 PAYMENTS RECEIVED AT THE ABOVE ADDRESS IN THE MANNER SPECIFIED AFTER THAT TIME WILL BE CREDITED TO YOUR ACCOUNT AS OF OUR NEXT BUSINESS DAY. THE CREDITING TO YOUR ACCOUNT OF PAYMENTS RECEIVED AT ANY LOCATION OTHER THAN THE ABOVEADDRESS MAY BE DELAYED UP TO 5 DAYS OF RECEIPT. THIS COMMUNICATIBN IS FROM A DEBT COLLECTOR. FEDERAL LAW REQUIRES US TO INFORM YOU THAT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~XNr6rr AFFIDAVIT OF INDEBTEDNESS State of Ohio ) Courny of Hamilton) ss. Kim Kenney being sworn, deposes and says that she is Media Supervisor of Umfimd CCR Partners herein called assignee, which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 45242 and the statements and representations herein are within her personal knowledge. The defendant is not in any branch of the military. There is due and payable from LENH PHOUASALITH, Accowrt Number 5149537035277120, the amourn of $13647.35 (principal balance in the amount of $12734.12 plus interest up through 04/10/2007 in the amount of $913.23}. By the terms of the agreement between the defendarn and the original creditor, interest is accruing from the aforesaid date at the rate of 6.00 percent per annum. This balance reflects any payments, credits or offsets made since the account was charged off. Platinum Capital Im!estmerns's account was issued under the name of Household Metris. Unifund CCR . ................ Partners purchased this accourn from Platinum Capital Investments. Said accourn has been referred to Law Ofcs of Edwin A. Abrahamsen & A with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said claim. DATED this April 10, 2007 CCR PARTNERS By: Kim Kenney Media Supervisor 10625 Techwoods Circle Cincinnati, OH 45242 Address Subscribed and sworn to \\`\\\~,,Au,~ ~ ~, f,,r~c,,~~~~~ >. ~' ~~, ~,'~~'~: ' Client # 1300 rl~}P'~R A. DU CAN NOTARY PUB. 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R3".~rO ~ R~ yc ~ '~_g^C ~m ~ ~~'~..~.~ ...... . ......_ ........ ~_~'r.~E` _~~~ ~~~~a .'~ 6~~ ~ R.-:,~~~ s ~.s_.g3q~~ 9oi~~A~r+ s~~ ~ a g g p ~ ~' R E fit.' c ~4 g ~~~,'~•p ~~$~R'p ~~~~~ ~ a"a i~~~Psi ,~•~ Rr~~ R~~ ~~~ ~~~~an~~~ ~~s 2 $ ux ~~ ra II > ~~ ' ~ ~ ~XH ~~,T ~ ~ ( ~ ~ N_ --.r ~. r,= ~ G ~ N ~:. 15 { -r {, ~ C~? .~ w ~ 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-03784 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS PHOUASALITH LENH MEGAN HARLOW Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PHOUASALITH LENH DEFENDANT the at 1855:00 HOURS, on the 13th day of July 2007 at 716 GRANTHAM ROAD MECHANICSBURG, PA 17055 by handing to LENH PHOUASALITH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 8~b4~o 9 18.00 21.12 .00 10.00 .00 49.12 Sworn and Subscibed to before me this day of , So Answers: yJ~,Tc~.,..51/ y R. Thomas Kline 07/16/2007 EDWIN ABRAHAMSEN & ASSOCIATES By: ~~ Deputy Sheriff A.D. ..r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Unifund CCR Partners CIVIL ACTION Plaintiff NO.: 07-3784-CIVIL TERM v. LENH PHOUASALITH Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE CLERK OF JUDICIAL RECORDS: Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $17,265.90, which includes reasonable attorneys' fees. Notice of the intent to file a default judgment was served upon the Defendant on August 17, 2007. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." Edwin A. Abrahamsen & Associates, P.C. Michael F. Ratchford, Esquire Attorney I.D. No.: 86285 Attorney for Plaintiff O JUDGMENT AND NOW, this ~, day of '~L, 20~, Judgment is hereby entered lIl favor of the Plaintiff and against the Defendant in the aunt of $17,265.90, which includes reasonable attorneys' fees for failure to respond to Plaintiff s Complaint. CLERK OF JUDICIAL RECORDS Asa s .. IN THE COURT OE Ct~MVIt~N PLEAS flF CL-iViBE.RI.A~+I3 Ct~L?NTY, PENNSYLVANIA Unifund CCR Partners a CIVIL ACTION Plaintiff NO.: v. ~~- ' .~ ~~/ LENH PHOUASALITH Defendant TEN D AY '~iOTICE OF IN'3'ENT TO TAKE DEEAI3I,T ~i,~DGMENT To: LENH PHOUASALITH 716 GR<~iTHAM RD MECHANICSBURG PA 170~~ Date of Notice: August 17, ?007 IMPORTANT NOTICE PURSUANT TO PA R C P X37 1(a)(2) YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN APPEARANCE PERSONALLY OR BY Alv ATTORI~IEY AND FILE Iii T WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITI-~IN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT NIAY BE ENTERED AGAINST YOU WITHOUT A HEARING Al~tD YOU MAY LOSE YOUR PROPERTY OR OTHER INIPORTA.i.~TT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORtv1ATI0N ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST L(1TJT~TEIZ ST1~ET CARLISLE, PA 17013 (717)243-9400 ,, /' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Unifund CCR Partners Plaintiff v. LENH PHOUASALITH Defendant CIVIL ACTION NO.: 07-3784-CIVIL TERM CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Ten Day Notice of Intent to Take Default in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: LENH PHOUASALITH 716 GRANTHAM RD MECHANICSBURG PA 17055 a~~~ Edwin A. Abrahamsen & Associates, P.C. Michael F. Ratchford, Esquire Attorney I.D. No.: 8628L~ 120 Keyser Avenue Scranton, PA 18504 (570) 558-5510 ~ ~ ~ ~ ~ 4 , ~ ` } ~ t ~'`~~ ~ ~ Q ~ '. - l~ ~ MJ1 - .G'~ ~ ~J'} ~- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS Plaintiff vs. LENH PHOUASALII'H Defendant CIVIL DIVISION NO: 07-3784-CIVIL T ~_. ~_ . '' '-- - tE,_. - .r;;_. . ~•r PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S RESPONSES 'I'O INTERROGATORIES IN AID OF EXECUTION Plaintiff, UNIFUND CCR PARTNERS, by and through its attorneys, Edwin A. Abrahamsen &Associates, P.C., files its Motion to Compel the Defendant's Responses to Interrogatories in Aid of Execution as follows: 1. Plaintiff, UNIFUND CCR PARTNERS,obtained ajudgment against the Defendant in regard to an outstanding, past due and defaulted credit card account. 2. On ,Plaintiff served Defendant with Interrogatories in Aid of Execution on the subject judgment. (See. Interrogatories in Aid of Execution dated ,attached hereto and marked Exhibit "A ".) 3. Defendant failed to respond to the Interrogatories in Aid of Execution within the time permitted by the Pennsylvania Rules of Civil Procedure.' 4. On May 02, 2008, Plaintiff sent a letter to remind the Defendant of the past due responses and his duty to provide the same. (See, Correspondence to Defendant,attached hereto and marked Exhibit "I3".) 5. Defendant still failed and refused to respond to the Interrogatories in Aid of Execution or respond to Plaintiffs counsel in any manner. 6. On May 23, 2008, Plaintiff s counsel notified Defendant that he intended to present to the court the within Motion to Compel Defendant's Response to Interrogatories in Aid of Execution if Defendant continued to fail to provide the responses. (See. Correspondence to Defendant, attached hereto and marked Exhibit "C :) 7. Pursuant to the Pennsylvania Rules of Civil Procedure Defendant should have responded to the Interrogatories within 30 days. 8. More than 30 days have passed since Defendant was served with the Interrogatories in Aid of Execution. WHEREFORE, Plaintiff request this Honorable Court to grant the within Motion to Compel Defendant's Responses to Interrogatories in Aid of Execution and direct Defendant to provide full and complete response to the Interrogatories in Aid of Execution within 20 days upon penalty of sanctions, and that Plaintiff be awarded attorney's fees, costs and such other relief as the court deems just and appropriate. Respec~f}illy sub Edwin A. Abraha~nsen & Asso ates, .C. Michael F. Ratchford, Esquir Heather K. Woodruff, Esqui Attorney I.D. Nos: 86285/20 OS 120 North Keyser Ave Scranton, Pa 18504 Phone: 570-558-5510 Fax: 570-558-5511 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS Plaintiff . vs. LENH PHOUASALITH Defendant CIVIL DIVISION NO: 07-3784-CIVIL T PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO COMPEL DEFENDANT'S RESPONSES TO INTERROGATORIES IN AID OF EXECUTION Plaintiff, UNIFUND CCR PARTNERS, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., submits its Brief in Support of its Motion to Compel the Defendant's Responses to Interrogatories in Aid of Execution as follows: I. STATEMENT OF FACTS Plaintiff, UNIFUND CCR PARTNERS, obtained a judgment against the Defendant in regard to an outstanding, past due and defaulted credit card account. On ,Plaintiff served Defendant with Interrogatories in Aid of Execution of the subject judgment. (See, Interrogatories in Aid of Execution, dated ,attached hereto and marked ~xl:ibit "A. ") Defendant failed to respond to the Interrogatories in Aid of Execution within the time permitted by the Pennsylvania Rules of Civil Procedure. On May 02, 2008, Plaintiff sent a letter to Defendant concerning the past due responses. (See, Correspondence attached hereto and marked exhibit "13. ") Plaintiff still failed and refused to respond to the Interrogatories in Aid of Execution or respond to Plaintiff s counsel in any manner. On May 23, 2008, Plaintiff's counsel notified Defendant that he intended to present to the court the within Motion to Compel Defendant's Response to Interrogatories in Aid of Execution if Defendant continued to fail to provide the responses.(See, Correspondence to Defendant, attached hereto and marked Exhibit "C. ") Pursuant to the Pennsylvania Rules of Civil Procedure Defendant should have responded to the Interrogatories within 30 days. More than 30 days have passed since Defendant was served with the Interrogatories in Aid of Execution. II. QUESTION PRESENTED Whether Plaintiff s Motion to Compel Defendant's responses to discovery requests should be granted when the responses are more than 30 days past due. Suggested answers: Yes III. LEGAL ARGUMENT Pursuant to the Pennsylvania Rules of Civil Procedure Defendant should have responded to the Interrogatories in Aid of Execution within thirty (30) days after service thereof. More than thirty (30) days have passed since defendant vas served with the Interrogatories in Aid of Execution, however, Defendant has not answered, objected or responded in any manner to the Interrogatories or to the notice sent by Plaintiff s counsel. IV. CONCLUSION Plaintiff requests this Honorable Court to grant the within Motion to Compel Defendant's Responses to Interrogatories in Aid of Execution and direct Defendant to provide full and complete response to the Interrogatories in Aid of Execution within twenty (20) days upon penalty of sanctions, and that Plaintiff be awarded attorney's fees, costs and such other relief as the court deems just and appropriate. Respectfully submitted, BY: E in A. Abraha sen & Ass dates, .C. Michael F. Ratchford, Esqui e Attorney I.D. No.: 86285 VERIFICATION I, Michael F. Ratchford, Esquire, attorney for Plaintiff, UNIFUND CCR PARTNERS am fully familiar with the facts set forth in the within Motion to Compel Defendent's Response to Interrogatories in Aid of Execution and am authorized to make this Verification on behalf of Plaintiff. I verify that the facts set forth in the within Motion are true and correct to the best of my knowledge, information and belief. I know that any false statements are punishable by law pursuant to 18 C.S.A. §4904. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS .. Plaintiff . vs. LENH PHOUASALITH Defendant . CIVIL DIVISION NO: 07-3784-CIVIL T CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that I caused a true and correct copy of the within Motion to Compel Defendant's Responses to Interrogatories in Aid of Execution, Brief in Support thereof, Notice of Presentation and Proposed Order via first class United States Mail, postage prepaid on the date set forth below upon the following: LENH PHOUASALITH 716 GRANTHAM RD MECHANICSBURG PA 17055 Date: i.iicuaei r. na~cniora, ~: Attorney I.D. No.: 86285 EXHIBIT A LAw O~l~lc>~s E;D~Ttn A. ABRAI~IAMSEI`I ,,: ~' .,~~ "'.:c1ASSOCIATES, P. C. .120 t`l. Keyser Avenue • Scranton, PA 18504 Toll Free: 1-800-503-1665 Phone: 570-558-5510 Fax: 570-558-5511 December 20, 2007 LENH PHOUASAL]TH 716 GRANTHAM RD MECHANICSBURG PA 17055 RE: Unifund CCR Partners/HOUSEHOLD METRIS vs. LENH PHOUASAL[TH File # U07-0101 Balance: $17,425.48 Dear Sir/Madam: Enclosed please find interrogatories for Discovery of Assets in Aid of Execution, which have been propounded in accordance with the applicable Pennsylvania Rules of Civil Procedure. Full and complete instructions concerning your duty to Answer and the penalties for failure to Answer are contained in the Interrogatories. Please read the instructions carefully. You are to note your answers on the original and return it to this office after it is properly notarized. Please be aware that under the Rules of Court, we can and will, have our attorney's fees and expenses of all discovery Proceedings and Sanction Hearings charged against you as "additional costs" for which you will be responsible. In the alternative, you may make arrangements to pay the balance owed before the thirty (30) days to Answer the Interrogatories expire. Either the balance must be paid to us or the Interrogatories answered within thirty (30) days from the receipt of this letter. This is an attempt to collect a debt and any information obtained will be used for that purpose. This is a communication from a debt collector. Edwin A. Abrahamsen & Associates, P.C. Scott J. Best, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Unifund CCR Partners, assignee of HOUSEHOLD METRIS Plaintiff -VS- LENH PHOUASALITH Defendant N0.07-37$4-CIVIL T INTERROGATORIES FOR DISCOVERY OF ASSETS IN AID OF EXECUTION DIRECTED TO JUDGMENT DEBTOR Because you have failed to pay the full amount of the Judgment previously entered against you, the Judgment-Creditor, to who you are indebted, has a right to attempt to enforce that Judgment by a Judicial Sale (Sheriffs Sale) of your assets; and has a right to inquire concerning the existence and location of those assets. Therefore, pursuant to the applicable Rules of Court, you are required to make full and complete Answers to the questions set forth in the following pages. These Answers must be made in writing, under oath, within thirty (30) days after service upon you. You are warned that, should you Fail to do so, the Court may make an Order imposing punishment for Contempt of Court. Please, if you do not understand your duty to answer these questions, you should consult a lawyer. If you do not have or know a lawyer, then you should find out where you can get legal help, such as your local County Bar Association or Lawyer Reference Service. PORTIONS OF THE APPLICABLE PENNSYLVANIA RULES OF CIVIL, PROCEDURE CONCERNING DISCOVERY OF ASSETS IN AID OF EXECUTION "Rule 3117. Discovery in Aid of Execution. {a) Plaintiff, at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or a garnishee, upon oral examination or written interrogatories as provided b'y the rules relating to Depositions and Discovery...... (b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it is ascertained by the discovery proceedings that he has property liable to execution" {emphasis added) "Rule 4005. Written Interrogatories to a Party. (a) ......any party may serve upon any other party written interrogatories to by answered by the party served...... who shall furnish such information as is available......" "Rule 4006. Answers to Written Interrogatories by a Party. (a) (1 }Answers to interrogatories shall be in writing and under oath. The answers shall be inserted in the spaces provided in the interrogatories. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet. (b) (2) Each interrogatory shalt be answered fully and completely unless objected to, in which event the reasons for the objection shall be stated in lieu of an answer.... The answering party shall file and serve a copy of the answers and objections, if any, within 30 days after the service of the interrogatories....." "Rule 4019. Sanctions. (a) (1}The court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005.... (c) The Court, when acting under Subdivision {a) of this rule, may make...... (4) an order imposing punishment for contempt....." (emphasis added) INTERROGATORIES 1. Please state the following: (a} The full name, age and Social Security number of the person who is answering these Interrogatories. ANSWER: (b) Phone number, address and how long at this address. ANSWER: 2. REAL ESTATE: Do you have an ownership or interest in any real estate anywhere in the United States? [f so, set forth a brief description thereof, included the structure and lot size and type of construction; the location, including the state, county and municipality; the volume and page number of the official record thereof; and state further whether you own is solely or together with any other person or persons and give their full names and addresses. ANSWER: (a) State the present Fair Market Value of the property, and what the Fair Market Valuation is based upon. ANSWER: (b) If any of the above properties are mortgaged, supply the names and addresses of lenders, the date and amount of the mortgage, where it is recorded, the monthly payments and the balance now due. ANSWER: 3. AGREEMENTS: State whether you have any agreements involving the purchase of any real estate anywhere in the United States. If so, state with whom this agreement is made, and state whether or not any persons are joined with you in the agreement. Supply full names and addresses of all parties concerned. If the said agreement is recorded, provide the state and county of recordation, volume and page numbers. ANSWER; 4. MORTGAGES: State whether you own any mortgages against any real estate owned by any other person in the United States. If so state whether or not you own this mortgage with any other person or persons and, if so, supply their full name and address. State further the names and addresses of all borrowers and the state and county where said mortgage is recorded together with the number of the volume and the page number. ANSWER: S. DEBTS NOTES AND JUDGMENTS• State the names and addresses of any and all persons whom you believe owe you money and set forth in detail the amount of money owed, the terms of payment and whether or not you have written evidence of this indebtedness, and if so, the location thereof. Also state if the matter is in litigation, and if so give full details. If you hold a Judgment or Judgments as security for any of these debts, state where and when the Judgment was recorded; and the County, number and term where the Judgment is recorded. If you hold this Judgment or Judgments jointly with any other person or persons, give their name and address. ANSWER: 6. INSURANCE: State whether or not you are the owner of any life insurance contracts. If so state the serial or policy number or numbers of said contract, the face amount, the exact name and address of the insurance company, the named beneficiary or beneficiaries and their present address. State also the Present Cash Value of the policy. If you own this insurance jointly with any other person or persons, give their name and address. ANSWER: 7. GOVERNMENT. MUNICIPAI. or CORPORATE BONDS• State whether or not you own individually or jointly any corporate or government bonds. If so, include the face amount, serial numbers and maturity date and state the present location thereof. If you own any of these Bonds jointly with any other person or persons, give their name and address. ANSWER: 8. STOCKS, SHARES or INTEREST: State whether or not you own any stocks, shares or interest in any corporation, or unincorporated association or partnership interest, limited or general and state the location thereof. Include the names and addresses of the organizations and the serial numbers of the shares or stocks. If you own any of the Stocks, Shares or Interest jointly with any other person or persons, give their name and address. ANSWER: 9. ACCOUNTS: State whether or not you maintain any checking or savings accounts. If so, state the name and location of the banks or savings and loan association or building and loan association or credit union and the branch or branches thereof, the identification numbers of those accounts, and the amount or amounts you have in each account. If you maintain any of these jointly with another person, give their name and address. ANSWER: 10. SAFETY DEPOSIT BOXES: State whether or not you maintain any safety deposit box or boxes. If so, include the name of the bank or banks, branch or branches, and the identification number or other designation of the box or boxes. include a full description of the contents and also the amount of cash among those contents. If you maintain any of these jointly with another person, give their full name and address. ANSWER: 11. TRANSFERRED ASSETS AND GIFTS: If, since the date upon which the debt herein was first incurred to the Plaintiff herein, you have transferred any assets (real property, personal property, chose in action) to any person, and/or, if you have given any gift or any asset, including money, to any person; set forth, in detail, a description of the property, the type of transaction, and the name and address of the transferee or recipient. ANSWER: 12. INHERITANCES: State whether or not, to your knowledge, you are now or will be a beneficiary of or will inherit any money from any decedent in the United States, and state the place and date of death, the legal representative of the estate, and the location of the Court where the said estate is administered or to be administered. ANSWER: l3. ANNUITIES: State whether you are the beneficiary of any trust fund, and if so, state the names and addresses of the trustees and the amount of the payment and when the payment is received. ANSWER: 14. PERSONAL PROPERTY: State whether or not you own any personal property. Include a full description of all furnishings and any other items of personal property {including jewelry) with full description, value and present location. State also whether or not there are any encumbrances on that property and if so, the name and address of the encumbrance holder, the date of the encumbrances, the original amount of that encumbrance, the present balance of that encumbrance and the transaction which gave rise to the existence of the encumbrance. if you own a personal property jointly with any other person or persons, give their name and address. ANSWER: 15. MOTOR VEHICLES: State whether or not you own motor vehicles. Include a full description of such motor vehicles including color, model, title number, serial number and registration plate number. Also show the exact name or names in which the motor vehicles are registered, the present value of those motor vehicles and their present location and place of regular storage, garaging or parking. State also whether or not there are any encumbrances on those motor vehicles and if so, the name and address of the encumbrance holder, the date of the encumbrance, the original amount of that encumbrance, the present balance of the encumbrance and the transaction which gave rise to the existence of the encumbrance. ANSWER: 16. PENSION: State whether you are a participant in or the recipient of any pension or annuit}~ fund, and if so, state specifically the source of payment, the person to whom such payments are made, the amount of the payments and date when those payments are received. ANSWER: 17. RENTAL INCOMES: State whether you are tl~e recipient, directly or indirectly, of any income for the rental of any real or personal property; and if so, slate specifically the source of payment, the person to whom such payments are made and the amount and date when those payments are received. ANSWER: 18.OTHER ASSETS: If you have any asset or assets which are not disclosed in the preceding Interrogatories, please set forth all detail concerning those assets. ANSWER: Edwin A. Abrahamsen & Associates, P.C. DATED: / ~ ~Q' 6 ~ B AFFIDAVIT COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA SS Before me, the undersigned authority personally appeared who, being duly sworn according to law, deposes and says that the foregoing Answers to Interrogatories For Discovery of Assets in Aid of Execution are true and correct to the best of the affiant's knowledge, information and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 20 NOTARY PUBLIC AFFIANTS SIGNATURE AFFIANTS ADDRESS TITLE OF OFFICIAL EDWIN A, ABRAHAM9EN MICHAEL F. RATCHFDRD 8C0TT J. BE>ST• •ALBO MEMBER OF NJ BAq THE I.AW f]FFICE OF EDWIN A. ABRAHAMSEN & ASSOCIATES, P. C. WWW.EAA-LAW.COM LENH PHOUASALITH 716 GRANTHAM RD MECHANICSBURG PA 17055 May 2, 2008 RE: Creditor: Unifund CCR Partners .Original Creditor: HOUSEHOLD METRIS Original Account Number: 5149537035277120. Balance Due: 517,802.b8 Our File #: U07-0101 Dear LENH PHOUASALITH: You recently received a series of Interrogatories in Aid of Execution from Edwin A. Abrahamson & Associates, P:C. regarding a judgment that has been obtained against you by UNIFUND CCR PARTNERS , According to the Pennsylvania Rules of Civil Procedure, you had thirty days to provide this office with your reply to the interrogatories. To date, my office has not received a reply. Please provide an answer to these Interrogatories, or contact our office within the next I S days, or appropriate steps may be taken with the court to compel you to answer them. This is an important matter that requires your attention. Very truly yours, ai~ ~~L~ Gri G~ Scott J. Besi, Esq. Edwin A. Abrahamson & Associates, P.C. This is a communication from a debt collector in an attempt to collect a debt. Any information obtained will be used for that purpose. 1 729 PITTSTDN AVE. SCRANTDN, PA 1 8505 (P) 570.556.551 O (F1 570.558.551 1 EXHIBIT B EOWIN A. ABRAM AMSEN MICHAEL F. RATON FORD SCOTT J. BEST• •AL60 MEMBER OF NJ BAR THE LAW OFFfCE OF EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. WWW. EAA-LAW. COM May 23, 2008 LENH PHOUASALITH 716 GRANTHAM RD MECHANICSBURG PA 17055 Re: UNIFUND CCR PARTNERS v. LENH PHOUASALITH CUMBERLAND County Civil Action No.: 07-3784-CIVIL TERM Our File #: U07-0101 Dear LENH PHOUASALITH: As you know, on ,you were served with Interrogatories in Aid of Execution in regard to the above=noted matter, to which you have failed to respond. As a result, please be advised that if I do not receive your responses within ten (l 0) days of the date of this letter, 1 intend to file a Motion to Compel your Responses to Interrogatories in Aid of Execution in the CUMBERLAND Court of Common Pleas. If you wish to discuss this issue or a reasonable resolution of this matter, please contact me at 570-558-5510. Thank you. Edw' . Abrahamsen & A ciates, P.C. lc el F. Ratchford, Es . This is a communication from a debt collector in an attempt to collect a debt. Any information obtained will be used for that purpose. 1 729 PITTSTQN AVE. SCRANTON, PA 1 B5^5 (P) 570.558.551 ^ lFl 570.558.551 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS .. Plaintiff vs. LENII PHOUASALITII Defendant CIVIL DIVISION NO: 07-3784-CIVIL T ORDER AND NOW, this day of , 2010, Plaintiff UNIFUND CCR PARTNERS 's Motion to Compel Defendant's Responses to Interrogatories in Aid of Execution is hereby GRANTED. Defendant shall serve full and complete Answers, without objection, to Plaintiff s Interrogatories in Aid of Execution within twenty (20) days of the date of this Order upon penalty of sanctions. BY 1'HE COURT J. UNIFUND CCR PARTNERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LENH PHOUASALITH, Defendant NO. 07-3784 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S RESPONSES TO INTERROGATORIES IN AID OF EXECUTION ORDER OF COURT AND NOW, this 7`h day of September, 2010, upon consideration of Plaintiff's Motion To Compel Defendant's Responses to Interrogatories in Aid of Execution, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. BY THE COURT, J:!"Wesley Olen, Jr., J. Michael F. Ratchford, Esq. Heather K. Woodruff, Esq. Edwin A. Abrahamsen & Associates, P.C. 120 North Keyser Avenue Scranton, PA 18504 Attorneys for Plaintiff ? Lenh Phousalith 716 Grantham Road Mechanicsburg, PA 17055 Defendant, pro Se : rc ' ` 0-O k E.S n a.l.l. L Q/? =111 ' + r - r t )